Proposal for a Directive of the European Parliament and of the Council on the regulation of the operation of aeroplanes covered by Part II, Chapter 3, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988) (Codified version)
Date: 2003-08-29
Institutions: European Commission
Subjects: air transport, aircraft, civil aviation, environmental standard, noise level, transport regulations

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 29.8.2003
COM(2003) 524 final

2003/0207 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the regulation of the operation of aeroplanes covered by Part II, Chapter 3, Volume 1
of Annex 16 to the Convention on International Civil Aviation, second edition (1988)

(Codified version)

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. 

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to
simplifying  and  clarifying  Community  law  so  as  to  make  it  clearer  and  more
accessible to the ordinary citizen, thus giving him new opportunities and the chance
to make use of the specific rights it gives him.

This aim cannot be achieved so long as numerous provisions that have been amended
several times, often quite substantially, remain scattered, so that they must be sought
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable
research work, comparing many different instruments, is thus needed to identify the
current rules.

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also
essential if Community law is to be clear and transparent.

On  1  April  1987  the  Commission  therefore  decided1  to  instruct  its  staff  that  all
legislative measures should be codified after no more than ten amendments, stressing
that this was a minimum requirement and that departments should endeavor to codify
at even shorter intervals the texts for which they were responsible, to ensure that the
Community rules were clear and readily understandable.

The  Conclusions  of 
the  Edinburgh  European  Council
(December 1992) confirmed this2, stressing the importance of codification as it offers
certainty as to the law applicable to a given matter at a given time.

the  Presidency  of 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  Community
legislative procedure.

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by
codification, the European Parliament, the Council and the Commission have agreed,
by  an  interinsitutional  agreement  dated  20  December  1994,  that  an  accelerated
procedure may be used for the fast-track adoption of codification instruments.

is 

this  proposal 

to  undertake  a  codification  of  Council
The  purpose  of 
Directive 92/14/EEC  of  2  March  1992  on  the  limitation  of  the  operation  of
aeroplanes covered by Part II, Chapter 2, Volume 1 of Annex 16 to the Convention
on  International  Civil  Aviation,  second  edition  (1988)3.  The  new  Directive  will
supersede the various instruments incorporated in it4; their content is fully preserved,
and they are brought together with only such formal amendments as are required by
the codification exercise itself.

2. 

3. 

4. 

1

2

3

4

COM(87) 868 PV.
See Annex 3 to Part A of such Conclusions.
Carried out pursuant to the Communication from the Commission to the European Parliament and the
Council - Codification of the Acquis communautaire, COM(2001) 645 final.
Annex I, Part A of this proposal.

2

                                                
5. 

The codification proposal was drawn up on the basis of a preliminary consolidation,
in  all  official  languages,  of  Directive  92/14/EEC  and  the  instruments  amending  it,
carried out by the Office for Official Publications of the European Communities, by
means  of  a  data-processing  system.  Insofar  as  the  Articles  have  been  given  new
numbers, the correlation between  the  old and the new  numbers  is  shown  in  a  table
contained in Annex II to the codified Directive.

3

2003/0207 (COD)

(cid:1) 92/14/EEC (adapted)

Proposal for a

DIRECTIVE .../.../EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of […]

on the (cid:1) regulation (cid:2) of the operation of aeroplanes covered by Part II,
Chapter (cid:1) 3 (cid:2) , Volume 1 of Annex 16 to the Convention on International Civil
Aviation, second edition (1988)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular
Article (cid:2) 80 (cid:3) (2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the (cid:2) European (cid:3) Economic and Social Committee1,

Having regard to the opinion of the Committee of the Regions2,

Acting in accordance with the procedure laid down in Article 251 of the Treaty3,

Whereas:

(cid:1) 

(1) 

Council  Directive  92/14/EEC  of  2  March  1992  on  the  limitation  of  the  operation  of
aeroplanes covered by Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on
International  Civil  Aviation,  second  edition  (1988)4  has  been  substantially  amended
several  times5.  In  the  interests  of  clarity  and  rationality  the  said  Directive  should  be
codified.

1

2

3

4

5

OJ C
OJ C
OJ C
OJ  L  76,  23.3.1992,  p.  21,  Directive  as  last  amended  by  Commission  Regulation  (EC)  No  991/2001
(OJ L 138, 22.5.2001, p.12).
See Annex Ι, Part A.

4

                                                
(2) 

The  application  of  noise  emission  standards  to  civil  subsonic  jet  aeroplanes  has
significant consequences for the provision of air transport services, in particular where
such standards limit the useful life of aeroplanes operated by airlines.

(cid:1) 92/14/EEC Recital 1 (adapted)

(3) 

(4) 

(5) 

(6) 

(cid:1) 92/14/EEC Recital 2

Council Directive 89/629/EEC6 limits the addition to the civil air registers of Member
States  of  aeroplanes  that  only  comply  with  the  standards  specified  in  Part  II,
Chapter 2, Volume 1 of Annex 16 to the Convention on International Civil Aviation,
second edition (1988). That Directive specifies that the limitation on addition is only a
first stage.

(cid:1) 92/14/EEC

Owing to the problem of growing congestion at Community airports, it is essential to
ensure  that  the  best  use  is  made  of  existing  facilities.  This  will  only  be  possible  if
environmentally acceptable aeroplanes are used.

The work undertaken by the Community in cooperation with other international bodies
indicates that measures to limit the operation of aeroplanes which do not comply with
the standards of Chapter 3 of Annex 16 must follow any non-addition rule in order for
this to be of environmental benefit.

Common  rules  for  this  purpose  should  be  introduced  on  a  reasonable  time-scale  to
ensure  a  harmonised  approach  throughout  the  Community,  supplementing  existing
rules.  This  is  particularly  important  in  view  of  the  recent  trend  towards  progressive
liberalisation of European air traffic.

(7) 

Aeroplane  noise  should  be  reduced,  taking  into  account  environmental  factors,
technical feasibility and economic consequences.

(cid:1) 92/14/EEC (adapted)

(8) 

It  is  appropriate  to  restrict  the  operation  of  civil  subsonic  jet  aeroplanes  on  Member
States’ registers to those which comply with the standards of Chapter 3 of Annex 16.

(cid:1) 92/14/EEC (adapted)

6

OJ L 363, 13.12.1989, p. 27.

5

                                                
(9)  (cid:2) Member States should lay down rules on penalties applicable to (cid:3) infringements
of  (cid:2) the  national  provisions  adopted  pursuant  to  this  Directive.  Those  penalties
should be (cid:3) effective, proportionate and dissuasive.

(cid:1) 98/20/EC Recital 14 (adapted)

(10)  This  Directive  should  be  without  prejudice  to  the  obligations  of  the  Member  States
relating  to  the  time-limits  for  transposition  into  national  law  of  the  acts  set  out  in
Annex I, Part B,

(cid:1) 

(cid:1) 92/14/EEC
(cid:4)1 Corrigendum 92/14/EEC
(OJ L 168, 23.6.1992, p. 30)

HAVE ADOPTED THIS DIRECTIVE:

Article 1

1.

2.

The  objective  of  this  Directive  is  to  restrict  the  operation  of  civil  subsonic  jet
aeroplanes as specified in Article 2.

This  Directive  shall  apply  to  aeroplanes  with  a  (cid:4)1 maximum  take-off  mass  of
34 000 kg or more or with a (cid:5) certified maximum internal accommodation for the
aeroplane  type  in  question  consisting  of  more  than  nineteen  passenger  seats,
excluding any seats for crew only.

3.

For the purposes of this Directive (cid:2) the following definitions shall apply (cid:3) :

(cid:1) 98/20/EC Art.1 pt.1 (adapted)

(cid:2) (a) (cid:3) “air carrier” means an air transport undertaking with a valid operating

licence;

(cid:2) (b) (cid:3) “operating  licence”  means  an  authorisation  granted  to  an  undertaking
permitting it  to  carry  out  carriage  by  air  of  passengers,  mail  and/or  cargo  for
remuneration and/or hire;

(cid:2) (c) (cid:3) “Community  air  carrier”  means  an  air  carrier  with  a  valid  operating
licence  granted  by  a  Member  State  in  accordance  with  Council  Regulation
(EEC) No 2407/927;

7

OJ L 240, 24.8.1992, p. 1.

6

                                                
(cid:2) (d) (cid:3) “total  civil  subsonic  jet  fleet”  means  the  total  aircraft  fleet  of  civil
subsonic jet aeroplanes at the disposal of the air carrier, through ownership or
any form of lease agreement of not less than one year.

(cid:1) 92/14/EEC (adapted)

Article 2

(cid:2) 1. (cid:3) Member  States  shall  ensure  that  all  civil  subsonic  jet  aeroplanes  operating
from  airports  situated  in  their  territory  comply  with  the  (cid:2) standards  specified  in
Part II, Chapter 3, Volume 1 of Annex 16 to the Convention on International  Civil
Aviation, second edition (1988) (cid:3) .

(cid:2) 2. (cid:3) The  territory  referred  to  in  paragraph  1  shall  not  include  the  overseas

departments referred to in Article (cid:2) 299 (cid:3) (2) of the Treaty.

(cid:1) 92/14/EEC Art.5 (adapted)

Article (cid:1) 3 (cid:2)

(cid:2) 1. (cid:3) Member  States  may  grant  exemptions  from  Article  2  for  aeroplanes  of

historical interest.

(cid:1) 92/14/EEC Art.9 (adapted)

(cid:2) 2. (cid:3) Any Member State granting exemptions under (cid:2) paragraph 1 (cid:3) shall inform
the competent authorities of the other Member States and the Commission of the fact
and of the grounds for its decision.

(cid:2) 3. (cid:3) Every  Member  State  shall  recognise  the  exemptions  granted  by  another
Member State in respect of aeroplanes entered on the registers of the latter.

(cid:2) 4. (cid:3) In individual cases, Member States may permit the temporary use, at airports
situated in their territory, of aeroplanes which cannot be operated on the basis of the
other provisions of this Directive. This exemption should be limited to:

(cid:1) 92/14/EEC Art. 8 (adapted)

(a)

(b)

aeroplanes whose operations are of such an exceptional nature that it would be
unreasonable to withhold a temporary exemption;

aeroplanes  on  non-revenue  flights  for  the  purposes  of  alterations,  repair  or
maintenance.

7

(cid:1) 92/14/EEC Art.10 (adapted)

Article (cid:1) 4 (cid:2)

Member States shall communicate to the Commission the texts of the provisions of national
law which they adopt in the field governed by this Directive.

(cid:1) 98/20/EC Art.2 (adapted)

Article 5

Member  States  shall  lay  down  the  (cid:2) rules  on (cid:3) penalties  (cid:2) applicable  to  infringements
of (cid:3) the  national  provisions adopted pursuant to this Directive and  shall  take  all  measures
necessary  to  ensure  that  those (cid:2) rules (cid:3)are (cid:2) implemented (cid:3)  .  The  penalties  provided
for  must  be  effective,  proportionate  and  dissuasive.  The  Member  States  shall  notify
th (cid:2) os (cid:3) e provisions to the Commission and shall notify (cid:2) it without delay of (cid:3) any
subsequent(cid:2) amendment affecting them. (cid:3)

(cid:1)

Article 6

Directive 92/14/EEC, as amended by the Directives and the Regulation referred to in Annex I,
Part A, is hereby repealed, without prejudice to the obligations of the Member States relating
to  the  time-limits  for  transposition  into  national  law  of  the  Directives  set  out  in  Annex  I,
Part B.

References  to  the  repealed  Directive  shall  be  construed  as  references  to  this  Directive  and
should be read in accordance with the correlation table in Annex II.

This Directive shall enter into force on the twentieth day following that of its publication in
the Official Journal of the European Union.

Article 7

8

(cid:1) 92/14/EEC Art.11 (adapted)

Article (cid:1) 8 (cid:2)

This Directive is addressed to the Member States.

Done at Brussels, [...]

For the European Parliament
The President
[...]

For the Council
The President
[...]

9

(cid:6)

ANNEX I

Part A

Repealed Directive with its successive amendments
(referred to in Article 6)

Council Directive 92/14/EEC

(OJ L 76, 23.3.1992, p. 21)

Council Directive 98/20/EC

(OJ L 107, 7.4.1998, p. 4)

Commission Directive 1999/28/EC

(OJ L 118, 6.5.1999, p. 53)

Commission Regulation (EC) No 991/2001

(OJ L 138, 22.5.2001, p. 12)

Part B

List of time-limits for transposition into national law
(referred to in Article 6)

Directive

Time-limit for transposition

92/14/EEC

98/20/EC

1999/28/EC

1 July 1992

1 March 1999

1 September 1999

_____________

10

ANNEX II

CORRELATION TABLE

Directive 92/14/EEC

This Directive

Article 1(1) and (2)

Article 1(1) and (2)

Article 1(3), first subparagraph

Article 1(3), point a)

Article 1(3), second subparagraph

Article 1(3), point b)

Article 1(3), third subparagraph

Article 1(3), point c)

Article 1(3), fourth subparagraph

Article 1(3), point d)

Article 2(1)

Article 2(2)

Article 2(3)

Article 2(4)

Articles 3 and 4

Article 5(1)

Article 5(2)

Articles 6 and 7

Article 8

Article 9(1)

Article 9(2)

Articles 9a and 9b

Article 10(1)

Article 10(2)

—

—

—

1

—

Article 2(1)

Article 2(2)

—

—

—

Article 3(1)

—

Article 3(4)

Article 3(2)

Article 3(3)

—

—

Article 4

Article 51

Article 6

Article 7

Article 2 of Council Directive 98/20/EC.

11

                                                
Article 11

Annex

—

—

Article 8

—

Annex I

Annex II

_____________

12